TERMS AND CONDITIONS OF USE OF HEUREKA PORTAL

1. Introductory Provisions

1.1. Heureka

1.1.1. Heureka is a comparison and shopping gallery enabling Users to compare Offers of chosen Goods offered by Retailers with respect to the price or other parameters. Heureka also enables Users to process Orders and send them to Retailers.

1.2. Effect of the Terms and Conditions

1.2.1. These Terms and Conditions set out the basic conditions for use of Heureka by Users and Retailers, and the relationship between a User, the Operator and a Retailer. These Terms and Conditions are not a purchase contract between a Retailer and a User, concluded using Heureka, and consent to these Terms and Conditions does not represent the conclusion of such a purchase contract, although they contain some provisions forming part of such a purchase contract.

1.2.2. To the extent to which they do not conflict with each other, the Provisions hereof apply also to the following documents, governing some aspects of the relationship between the Operator and a User and/or a Retailer, and comprising the content of contractual provisions, under the terms and conditions stipulated by such documents:

(hereinafter the “Special Terms and Conditions”).

1.2.3. If the Special Terms and Conditions stipulate rights and duties set out by these Terms and Conditions differently, such different provisions of the Special Terms and Conditions have priority over these Terms and Conditions. Unless stipulated otherwise, the interpretation of terms in accordance with Article 1.3 of these Terms and Conditions applies to the Special Conditions.

1.3. Definition of Terms

1.3.1. E-shopan E-shop operated by a retailer under its own domain, connected to the Heureka website using XML code;

1.3.2. Guarantee – The Guarantee of repayment of the purchase price by the Operator set out in Article 7 of the Terms and Conditions.

1.3.3. Heureka – the Heureka.cz and Heureka.sk portal, available at www.heureka.cz and www.heureka.sk;

1.3.4. Basket or Shopping Basket – a service enabling the sending of a proposal for the conclusion of a Purchase Contract to one or more Retailers directly through the Heureka interface without the necessity of accessing an E-shop’s website/E-shops’ websites;

1.3.5. Purchase Contract – a purchase contract concluded through Heureka between a User and a Retailer;

1.3.6. Offer – an offer of individual Goods made by a Retailer on its E-shop’s pages located on the Heureka website; an Offer is not a proposal for the conclusion of a Purchase Contract.

1.3.7. Retailer – the operator of an E-shop registered with Heureka issuing Offers of Goods available through its E-shop on the Heureka website;

1.3.8. Order – a response to an Offer sent to a Retailer by a User through Heureka and over its interface, the subject of which is a request for Goods in accordance with an Offer; an Order is regarded as a proposal for the conclusion of a Purchase Contract;

1.3.9. Terms and Conditions – these Terms and Conditions for Use of Heureka portal, available at https://www.heurekashopping.com/for-business-partners/terms-and-conditions;

1.3.10 Portal – the Heureka website, available at www.heureka.cz and www.heureka.sk;

1.3.11. Operator – the operator of Heureka, Heureka Shopping s.r.o., registered office: Karolinská 650/1, 186 00 Prague 8, company ID number: 023 87 727, tax ID number: CZ02387727;

1.3.12. User – an Internet user coming to the Heureka website for the purpose of examining offers of Goods, concluding Purchase Contracts with Retailers and inputting comments and assessments of Goods and Services for Retailers;

1.3.13. Goods – an item or service offered by a Retailer through its E-shop whose offer is imported to the Portal using XML code.

2. Registration of Users and Retailers

2.1. Registration of Users

2.1.1. The Use of the Portal for the purposes of browsing Offers, rating Retailers or Goods and searching for the best Offer is not subject to any registration of Users, and is not linked to any costs for Users, with the exception of the costs of operating their own devices and Internet connections.

2.1.2. The performance of Registration on the Portal and the creation of a user account is possible in the following way:

  • Registration using the registration interface with input of the requested data;
  • Registration using a Facebook account.

2.1.3. The creation of a user account requires the following information:

  • User name;
  • Valid e-mail address;
  • Access password.

2.1.4. A User that selects the option of the independent creation of a user account is entitled, instead of the input of registration data, to register through his/her Facebook account by clicking on the relevant button. This method of registration requires for the user to be logged in to his/her Facebook account in the Internet browser he/she uses.

2.1.5. The User has the option of logging into a user account through the Portal’s interface and administering data as a part of the opened account.

2.2. Registration of Retailer

2.2.1 In order to display Offers of Goods on the Portal, a Retailer is obligated to register through the Portal’s registration interface. When the Operator confirms registration a contract its concluded between it and a Retailer on the use of the Portal and this contract is governed by these Terms and Conditions and the Special Terms and Conditions, in particular the General Business Terms and Conditions of Heureka for Retailers.

2.2.2. The successful implementation of XML code in the Retailer’s system in a manner enabling the import of Offers from the E-shop’s website to the Portal’s website is also necessary for displaying of Offers of Goods on the Portal.

2.2.3. A Retailer does not have a legal entitlement to register and to the conclude a contract on the use of the Portal. The Operator is entitled to reject the registration of a Retailer and its proposal for the conclusion of a contract on the use of the Portal without giving reasons.

2.2.4. A Retailer’s rights and duties concerning registration, communication with the Operator and the conditions of the XML feed not set out by these Terms and Conditions are governed by the General Business Terms and Conditions of Heureka for Retailers and the Heureka Guide for E-shops, available on the Portal’s website at http://sluzby.heureka.cz/napoveda/pruvodce-heurekou-pro-eshopy/.

2.3. Every User or Retailer is entitled to create a user account or Retailer profile just for itself. The creation of a user account or Retailer profile by a person that is not authorized to do so is prohibited, where the Operator is, in relation to such registrations.

3. Offer of Goods, Conclusion of Purchase Contract

3.1. Retailers place Offers on the Heureka website using automatic software (XML code). Offers are automatically updated several times a day. An Offer refers to specific Goods offered by a Retailer, where the conclusion of a Purchase Contract and the delivery of Goods does not entitle a Retailer to request compliance with conditions by a User or the Operator other than the payment of the purchase price for the Goods and the price of transport (in particular it cannot make the conclusion of a Purchase Contract conditional on the purchase of other Goods or the achievement of a certain total purchase price through purchases of other Goods).

3.2. Heureka provides Users with the option of searching for and comparing individual Offers and, as a part of its Shopping Basket, it enables the sending of Orders to some Retailers for the purpose of concluding a Purchase Contract. With regard to the fact that Offers are placed by Retailers based on automatic processes, the Operator is not liable for any errors, imprecisions or defective data in individual Offers; this is without prejudice to a Retailer’s liability (e.g. for unfair competition) and the Guarantee for repayment of the purchase price by the Operator in the event of withdrawal from the Purchase Contract.

3.3. Heureka only publishes the Offers of registered Retailers. The Operator does not claim and is not liable for the range of Goods including a comprehensive range of e-shops supplying Goods to the Czech Republic.

3.4. A User has the option of selecting Goods offered by individual Retailers by selecting the relevant criteria or by inputting the name of the Goods or part thereof in the Heureka search field. After a selection of Goods is made by the User, Heureka will offer a list of the relevant Offers corresponding to the User’s input. The list of Offers is arranged, in particular, in accordance with the quality of ratings of an E-shop by Users.

3.4.1. The publication of an Offer on the Portal is not regarded as a proposal for the conclusion of a Purchase Contract. A proposal for the conclusion of a Purchase Contract is the sending of an Order by a User to a Retailer in one of the ways in accordance with Article 3.5 and 3.6 of these Terms and Conditions.

3.5. Offers Consisting of Displaying of Goods

3.5.1. For each Offer the following data, at least, is displayed:​

  • Name of Goods;
  • Name of Retailer;
  • Photographs of Goods – catalogue photos of the Goods offered are also permissible; they can differ, for example, in terms of the color or the properties of Goods that are not evident from the photographs; the text description of an Offer is always decisive in order to assess compliance between Goods and an Offer;
  • Specifications of Goods in accordance with their nature (in particular data about the manufacturer, model designation, technical parameters);
  • The price of Goods - is always stated as the final price, including VAT, where it does not include the costs of transport of the Goods to a User, unless stated otherwise in the Offer; the price of Goods offered by a Retailer on Heureka cannot ever be higher than the price of the same Goods offered in the Retailer’s E-shop;

3.5.2. In addition to the price of the Goods, an Offer can also state the price of transporting them to a User, or the price of various means of transport offered by a Retailer.

3.5.3. After the selection of the specific Goods and a specific Offer of a Retailer, a User has the option of transferring to the Retailer’s E-shop with the offer of the selected Goods. A Retailer is liable for the parameters of the Offer located on the Portal being the same as the parameters of the offer located in the E-shop.

3.5.4. A Retailer is liable for the proper provision of information, which must be provided to the User before the conclusion of a Purchase Contract remotely in accordance with the Civil Code and related regulations on consumer protection, unless this information is stated to the User through these Terms and Conditions. The Operator is not liable for any invalidity of a Purchase Contract, for the non-delivery of Goods in accordance with a Purchase Contract or for its defects.

3.6. Offers in Shopping Basket Regime

3.6.1. In the case of Offers by Retailers included in the Shopping Basket program in accordance with the Business Terms and Conditions for Heureka Basket, a User is provided with the option of concluding a Purchase Contract through the Heureka interface. After the selection of Goods, the User is entitled to choose the option of purchasing the Goods directly on the Portal, where an Offer of a Retailer in the Shopping Basket program with the best price is automatically made to him. The User also has the option of first selecting a Retailer and then choosing the option of concluding the purchase of Goods from this Retailer on the Portal.

3.6.2. After selecting the option of purchasing Goods on the Portal, the User saves the Goods by clicking on the relevant button as part of the Offer in his virtual Shopping Basket. The placement of the Goods in the Basket is a condition for sending an Order. The User is entitled to place multiple items in his Basket in accordance with the Offers of various Retailers. Before sending an Order, the User has the option of ascertaining and correcting errors arising when inputting data in the Order, in particular the option to remove individual items from his virtual basket and to check and change data stated in the Order, primarily the quantity and type of Goods, contact data and the delivery address.

3.6.3. The Retailer authorizes the Operator to, on its behalf, provide information through the Portal in accordance with Sections 1811 and 1820 of the Civil Code, as providing this information is required by the law before making a binding offer. The information is provided as part of the various offers and as part of these Terms and Conditions in particular as part of Articles 4, 5 and 6. For each Offer the following data, at least, is displayed:

  • Name of Goods;
  • Name of Retailer;
  • Photographs of Goods – catalogue photos of the Goods offered are also permissible; they can differ, for example, in terms of the colour or the properties of Goods that are not evident from the photographs; the text description of an Offer is always decisive in order to assess compliance between Goods and an Offer;
  • Specifications of Goods in accordance with their nature (in particular data about the manufacturer, model designation, technical parameters);
  • The price of Goods - is always stated as the final price, including VAT, where it does not include the costs of transport of the Goods to a User, unless stated otherwise in the Offer; the price of the Goods offered by a Retailer on Heureka can never be higher than the price of the same Goods offered in the Retailer’s E-shop;
  • The price of transport of the Goods to a User or the agreed pickup point, or individual methods of transport offered by the Retailer, or information to the effect that the Seller will not bill the cost of transport;
  • The price for the making of a payment for the Goods upon acceptance by the User (cash on delivery).

3.6.4. Before sending an Order, the User always sees the Goods in the basket, the identification details of the various Retailers offering the selected Goods, the price of the Goods, the quantity of individual items (pieces), the sum of the price of all Goods saved in the basket and the costs of transporting the ordered Goods; the prices of the Goods are displayed as prices including VAT.

3.6.5. Further, before sending an Order, the User is provided with the following information in the Basket interface:

  • Information about individual methods of payment and the related costs;
  • Information about individual methods of transport and dates of delivery.

3.6.6. The User is also provided with the following information in accordance with these Terms and Conditions:

  • Information about the costs of remote communication means (Article 3.8);
  • Information about rights arising from the delivery of defective Goods or their non-delivery and rights under a guarantee (Article 5);
  • Information about withdrawal from a Purchase Contract (Article 4.).

3.7. The sending of an Order by a User is regarded as a proposal for the conclusion of a Purchase Contract. The Operator will promptly hand this proposal over to the Retailer(s), to which it is directed using automatic means. Promptly after the acceptance of the Order, the Operator sends the User, to his/her e-mail address entered when making an Order, an e-mail with a summary of the Order containing at least the identification of the selected Goods and Retailers, a calculation of the purchase price of the individual items and the total purchase price for all items in accordance with the Order, identification of the method of transport and its price, the method of payment of the purchase price, as well as the delivery and invoicing address. The acceptance of a summary of an Order by the User is not regarded as the acceptance of a proposal for the conclusion of a Purchase Contract.

3.8. Promptly after the acceptance of the Order, the Retailers are obligated to send a User, to the e-mail address entered as a part of the Order, an e-mail with a confirmation of the Order containing, at least, the data stated in Article 3.7 and a reference to their own terms and conditions of sale that apply to the extent that they do not conflict with these Terms and Conditions. The acceptance of a confirmation of the Order of a Retailer by the User concludes a Purchase Contract. In the event the User is a consumer, a Purchase Contract is a consumer contract in accordance with Section 1810 et seq. of the Civil Code. The costs of using remote communication means (including the costs of the connection of the User’s device to the Internet and data transfer) are borne by the User in accordance with a separate agreement with its Internet service provider.

4. Purchase Contract Concluded in Shopping Basket Regime - Rights and Duties under Purchase Contract, Withdrawal from Purchase Contract

4.1. The provisions of these Terms and Conditions that concern the relationship between a Retailer and a User based on a Purchase Contract concluded in the Shopping Basket regime (in particular its conclusion, performance and dealing with entitlements under defects for Goods and complaints) are an integral part of the agreement between the Retailer and the User.

4.2. Based on the concluded Purchase Contract, the Retailer is obligated to deliver to the User the Goods that are the subject of the Purchase Contract, in a quantity, quality and method in accordance with the Order, and to send them to the User by a deadline corresponding to information about the availability of Goods stated in the Offer. If the User chooses the option of the personal acceptance of the Goods, the Retailer is obligated to prepare the Goods for acceptance by the User in a quantity and quality in accordance with the Order and prepare them for acceptance at the relevant branch in accordance with the Offer.

4.3. The User is, based on a concluded Purchase Contract, obligated to pay the Retailer the purchase price and price of transport, if agreed, in the manner chosen when inputting the Order. The method of payment of the purchase price can be chosen by the User as part of the Order. If the User selects a payment card as the method of payment for the Goods, he is called to input the payment as a part of the creation of the Order, and is re-directed to the relevant payment interface. After inputting the payment, the User is called on to complete the Order. Based on the input of the payment, the Retailer is obligated to conclude with the User a Purchase Contract and the Operator is obligated to send the User a confirmation of the Order in a manner in accordance with Article 3.8. In the event that the Order includes multiple items of Goods from different Retailers, the User has the option of paying the purchase price for all items of Goods in a single payment over PayU. The Operator is responsible for dividing the individual payments over PayU to the various Retailers in accordance with the various provisions of the Business Terms and Conditions for Heureka Basket. The Retailer is obligated to send the User a tax document together with the Goods.

4.4. A User that is a consumer is entitled to withdraw from a Purchase Contract concluded in the Shopping Basket regime without giving a reason and without any penalty within 14 days of the acceptance of Goods. Withdrawal must be effected in writing or by e-mail to the Retailer, where the Purchase Contract has to be clearly identified in the withdrawal (e.g. by the number stated to the User in the confirmation of Order). This period is regarded as having been complied with in the event withdrawal from the Purchase Contract is demonstrably sent to the Retailer by its end (by 24:00 on the last day of the period). In the event of a withdrawal, a User is obligated, no later than within 14 days of the withdrawal from the contract, to return the Goods to the Retailer in defect-free condition with all accessories and with complete documentation (document on purchase, manual, warranty) to the address of the Retailer’s registered office or to another address of which the Retailer informs it for this purpose. For the withdrawal, the User is entitled to use the form for withdrawing from a contract attached in electronic form at the end of these Terms and Conditions, which it is entitled to copy or print out for the purpose of completing it and sending it to the Retailer. During the withdrawal, the buyer is obligated to comply with the form provided, but he takes note that he is responsible for compliance with the content requisites of the withdrawal so that the withdrawal can be regarded to be valid.

4.5. The User is not entitled to withdraw from a Purchase Contract in the cases specified in Section 1837 of the Civil Code, in particular in the following cases:

4.5.1. The Goods were altered at the User’s request;
4.5.2. The Goods delivered spoil rapidly;
4.5.3. The Goods were delivered in a sealed package, after delivery the Goods were removed from the package by the User and for hygienic reasons they cannot be returned;
4.5.4. The Goods delivered or an integral part thereof are a computer program, audio or visual recording, recorded on a tangible data medium (CD, DVD, flash disk) and the User opened the original packaging of this tangible data medium (if the medium is packaged separately);
4.5.5. The Goods are newspapers, periodicals or magazines;
4.5.6. The Goods are foodstuffs, drinks or other everyday goods;
4.5.7. The Goods were digital content delivered not on a tangible medium with the User’s prior express consent before the expiry of the period for withdrawal;
4.5.8. The original document of purchase (invoice sent by the Retailer together with the Goods) was not attached to the returned Goods.

4.6. If the User legitimately withdraws, the Retailer is obligated to return the paid purchase price (the financial amount paid by the User for the Goods, including the costs of delivering the Goods to the User) to the User cashlessly by crediting it to the relevant account or in a money order sent to the User’s address (a money order in the event of a payment made in cash or in cash on delivery), within no more than 14 days of the withdrawal. The Retailer is entitled to the reimbursement of actually incurred costs related to the return of the Goods, if it incurred such costs. If the User paid the purchase price by cashless transfer, the Retailer is obligated to return the purchase price to the User’s bank account from which the payment of the purchase price was made. If the User paid the purchase price using a payment card, the Retailer is obligated to return the purchase price to the User’s card through which the payment of the purchase price was made. In the event the User does not receive the returned purchase price from the Retailer by the deadline in accordance with this article, it is obligated to proceed in accordance with Article 7 of these Terms and Conditions.

4.7. Together with the purchase price, the Retailer is also obligated to return to the User the costs incurred for the delivery of the Goods to the User (postage, cost of cash on delivery). In the event the Retailer offers multiple methods of transport of Goods with different prices, it is obligated, when withdrawing, to return to the User the costs of delivery of Goods only in the amount of the cheapest method of transport that was offered for the Goods by the Retailer at the moment the Purchase Contract was concluded.

4.8. The costs of returning the Goods to the Retailer (in particular postage for the delivery of the returned Goods to the Retailer) are born by the User. The User is not entitled to return the Goods to a Retailer using cash on delivery. The Retailer is not obligated to accept Goods sent in such manner.

4.9. The User is liable to the Retailer for damage caused by a reduction in the value of the Goods returned after the withdrawal by the User from the Contract as a consequence of the handling of such Goods in a manner other than that in which they should be handled with regard to their nature and properties. In particular, the User is liable to the Retailer for damage to the Goods in a manner other than as a consequence of reasonable damage through use for the purpose for which the Goods were designated, for the period from the acceptance of the Goods by the User until the withdrawal.

4.10. In the event the User withdraws from the Purchase Contract in an invalid manner (in conflict with Article 4.5 of the Terms and Conditions), the Purchase Contract does not terminate and the Retailer sends the Goods back to the User at the User’s expense, or it stores them at the User’s expense, of which it is obligated to promptly notify the User. Section 2402 et seq. of the Civil Code, on custody, applies to this case, as appropriate.

4.11. The Retailer is entitled to withdraw from a Purchase Contract in the event that, for reasons that are not its fault, it is not able to deliver the Goods that are the subject of the Purchase Contract in full and on time. In the event of a change to the date of the expected delivery of the Goods that are the subject of a Purchase Contract, the Retailer is obligated to promptly inform the User of the change to the availability. In the event the User does not accept the new delivery date, the Retailer is entitled to withdraw from the Purchase Contract.

5. Delivery of Goods, Making Claims under Defects in Goods, Warranty for Quality, Complaints

5.1. Delivery of Goods

5.1.1. Heureka enables Users to process Orders and send them to Retailers in accordance with Article 3.6. In the event of problems with the delivery of the Goods, the warranty for quality or problems with complaints, the User is entitled to contact the Operator, which guarantees compliance with statutory duties by Retailers. In the event a Retailer breaches a duty to deliver Goods in accordance with an Order and does not return the purchase price to a User, the User is entitled to proceed in accordance with Article 7 of these Terms and Conditions.

5.1.2. The Retailer is obligated to deliver the Goods to the place that is stated by the  User as the delivery address in the Order.

5.1.3. Unless expressly agreed otherwise in the Purchase Contract, the risk of damage to the Goods and their chance destruction or impairment is transferred to the User at the moment the Retailer hands the Goods over to a carrier. The Retailer is obligated to mark the consignment clearly and sufficiently as being addressed to the User, or to promptly inform the User, in the form of an e-mail, of the sending of the consignment, otherwise the risk of damage to the Goods is transferred to the User at the moment the carrier hands the Goods over to the User.

5.1.4. The User is obligated to examine the Goods without undue delay after their acceptance and, if necessary, make a complaint about any defects to the Retailer promptly after ascertaining them.

5.2. Delivery of Defective Goods, Conflict with Purchase Contract

5.2.1. If, based on an inspection of the Goods, the User finds that the Goods are defective or that the Goods not corresponding to the Purchase Contract in terms of quantity, quality and design were delivered to it, the User is obligated to promptly notify the Retailer of this in writing or using the e-mail address stated by the Retailer in the confirmation of the Order. In the event the User does not notify the Retailer of a defect in the Goods in time, his/her right to the correction of the defects in the Goods terminates.

5.2.2. If the defects in the Goods are material, having an influence on the basic functionality of the Goods, in particular if the Goods are visibly or functionally damaged or if part of the Goods important for their functionality is missing, the User is entitled to request from a Retailer the delivery of new or missing Goods, or part thereof, repairs, a reasonable discount on the purchase price or withdrawal from the Purchase Contract. The User notifies the Retailer of the chosen claim when notifying of defects in the Goods.

5.2.3. If the Defects in the Goods are not material, not having an influence on their basic functionality, in particular minor damage to Goods not having an influence on functionality, a missing non-material part or defects in quantity, the User has the right to ask the Retailer to correct the defect or to provide a reasonable discount on the purchase price. The User notifies the Retailer of the chosen claim when notifying of defects in the Goods.

5.2.4. If a Retailer does not comply with the requests of the User due to defects in the Goods, the User is entitled to make claims under the Guarantee in accordance with Article 7 of these Terms and Conditions.

5.3. Warranty

5.3.1. The warranty period for Goods sold to a User – consumer is 24 months, unless

  • An act states a different length of a warranty term for certain types of Goods; or
  • A Retailer or manufacturer states a longer warranty term for certain Goods.

5.3.2. The warranty term begins upon the acceptance of the Goods by the User. The duration of the warranty is usually stated on the warranty deed; if a warranty deed is not issued for the Goods, the User claims rights due to defects based on a document on the purchase of the Goods (invoice) issued by the Retailer.

5.3.3. The warranty terminates:

  • Upon the expiry of the warranty term;
  • Following a breach of protective seals and stickers preventing inexpert interference with the Goods, if they are present on the Goods;
  • Following an inexpert installation or other bringing into operation, handling, operation, maintenance or the neglect of care for the Goods stated in the documentation, unless the instructions in the manual for assembly and use are incorrect.

5.3.4. The warranty does not apply to:

  • Wear and tear on Goods caused by their usual use;
  • Defects arising through the inappropriate use of the Goods, if this led to damage;
  • Defects arising as a consequence of damage to the Goods by the elements (e.g. lightning strike, flooding) or as a consequence of over-current in the network;
  • Defects arising as a consequence of other external events that occurred after the transfer of the risk of damage to property (Article 5.1.3) to Users, unless they were caused by the Retailer itself.

5.3.5. A warranty for quality for Users – businesses is governed by the warranty provided by the manufacturer or distributor of the Goods. The length of the warranty period for Goods for Users – businesses is communicated on request by the Retailer. If a distributor or manufacturer provides a warranty for quality to Users – businesses, Articles 5.3.2 to 5.3.4 apply, as appropriate.

5.4. Complaints

5.4.1. A User is entitled to make a complaint to a Retailer or in an authorized service centre of the manufacturer of the Goods. A complaint can be made by a personal handover of the Goods or by sending them to the place a complaint is made, always with a detailed description of the defect, documents on purchase of Goods or a warranty deed.

5.4.2. The period for dealing with a complaint made by a User – consumer is 30 days, unless legal regulations provide otherwise. This period does not apply to complaints made by a User – business. The entity dealing with a complaint issues the User a document on the details of the complaint and the method of dealing with it.

5.4.3. In the event of a complaint due to a non-correctable defect, the User is entitled to the exchange of the Goods or to withdraw from the contract. An assessment of the character of the defect for this purpose is up to the manufacturer, distributor or its service centre. In the event of a complaint due to a correctable defect, the User is entitled to have the Goods repaired.

5.4.4. In the event of an illegitimate complaint (a defect arising due to incorrect use or incorrect handling, etc.), the authorized service center or Retailer becomes entitled to the reimbursement of costs, in particular in connection with localizing the defect, searching for the necessary data, and testing and transporting the Goods about which the illegitimate complaint was made. The User is obligated to pay such costs at the request of the Retailer or the operator of the authorized service center without undue delay, but no later than within 14 days of the completion of the complaint proceedings. If such costs are not paid, the authorized service center or Retailer will have the right to withhold Goods about which a complaint was improperly made to secure the receivable in accordance with Section 1395 of the Civil Code.

5.5. Out-of-Court Resolution of Consumer Disputes

5.5.1. If a dispute arises between a User that is a consumer under Section 419 of the Civil Code and a Retailer resulting from a concluded Purchase Contract, the User is entitled to file an application for an out-of-court resolution of the dispute with the Czech Trade Inspection Authority, through the contact details available on the website www.coi.cz, for the purpose of concluding an agreement with the Retailer. The submission of an application and subsequent participation in the out-of-court resolution of the dispute is free of charge for a User, where all the costs arising in connection with the out-of-court resolution of a dispute will be borne by each party separately. Choosing an out-of-court dispute resolution is voluntary for Users.

5.5.2. The out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection. An application for the start of out-of-court proceedings must contain the requisites in accordance with Section 20n of the Act on Consumer Protection. An application for an out-of-court dispute resolution can be filed no later than one year after the date a User first makes the claim that is the subject of the dispute to the Retailer (e.g. from the moment of the first complaint about the Goods or from the moment of a request for the return of the purchase price after a valid withdrawal from the Purchase Contract in the event of a delay by the Retailer returning it).

5.5.3. Users that have their residence in another EU member state, in Norway or in Iceland are authorized to file an application for the out-of-court resolution of a dispute with a Retailer through the European Consumer Center in the country of their residence; a list of the relevant consumer centers is available on the European Commission website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.htm.

6. Operator’s and Retailer’s Liability

6.1. The Operator is the intermediary for the conclusion of a Purchase Contract, where it is responsible for:

6.1.1. Allocation of the content of a basket and handover of an Order to individual Clients;

6.1.2. Identification of the Retailer in the system.

6.2. The Retailer is responsible for:

6.2.1. Compliance of data sent for display on Heureka with the Goods that are the subject of an Offer;

6.2.2. Compliance of information forming part of an Offer with legal regulations (in particular with copyright protection for photographs used, rights to use trademarks and other designations);

6.2.3. The completeness of information forming part of an Offer, in particular for compliance with the requirements resulting from regulations on consumer protection and from special legal regulations governing the relevant category of Goods (e.g. food supplements);

6.2.4. Timely confirmation of an Order and the conclusion of a Purchase Contract;

6.2.5. Timely sending of Goods to a User;

6.2.6. Compliance of sent Goods with an Offer and Order;

6.2.7. Handling claims made due to defects in Goods and complaints;

6.2.8. Compliance with the prohibition against the use of personal data and a User’s e-mail address handed over by the Operator for purposes other than dealing with an Order, the provision of performance under a Purchase Contract to a User, protection of a Retailer’s legal claims and performance of legal duties that apply to the Retailer in accordance with Article 7.3.2 of the Basket TaC.

6.3. The Operator is not responsible for, in particular:

6.3.1. The compliance of an Offer with legal regulations (breach of third party rights to photographs, placement in Offers on the shopping gallery’s website, breach of legal regulations covering protection of personality, protection against unfair competition or protection of industrial property by a Retailer);

6.3.2. Compliance of Offers with actually delivered Goods;

6.3.3. The timeliness of the delivery of Goods by a Retailer in relation to information about the availability of Goods stated in an Offer;

6.3.4. Compliance of the Goods with the Purchase Contract;

6.3.5. Dealing with claims due to defects in the Goods or complaints by a Retailer or service centre;

6.3.6. Damage suffered by a User or third parties as a consequence of a delay by a Retailer with the delivery of Goods or as a consequence of the use of the Goods;

6.3.7. The incorrect or inappropriate selection of Goods by a User;

6.3.8. Non-availability caused by Users’ or Retailers’ Internet connection providers;

6.3.9. Availability of the Portal.

6.4. A breach of a Retailer’s duty in the cases in accordance with Article 6.2 and 6.3 does not prejudice the Operator’s Guarantee in accordance with Article 7 of these Terms and Conditions.

6.5. The liability of the Operator, as a provider of information society services, for the content of information supplied by Retailers is governed by Act No. 480/2004 Coll., on some information society services.

7. Guarantee of Repayment of Purchase Price and Return of Goods

7.1. The Operator provides a User with a Guarantee, i.e. it undertakes to repay a purchase price to a User provided there is compliance with the conditions for the repayment of the purchase price, as stated below in these Terms and Conditions. The Guarantee applies only to Goods purchased based on a Purchase Contract in accordance with Article 3.6 of these Terms and Conditions (i.e. Purchase Contracts concluded in the Shopping Basket regime).

7.2. The Guarantee for the repayment of the purchase price applies to any of the following cases:

7.2.1. A User that is a consumer withdraws from a Purchase Contract in accordance with Article 0 of these Terms and Conditions and the Retailer does not return the purchase price to the User within 30 days of the delivery of withdrawal;

7.2.2. A User, based on a properly concluded Purchase Contract, has received Goods that are different to the Goods in accordance with the Order, and the Retailer, within 30 days of the moment of the written notification of this fact by the User, does not deliver Goods that are in compliance with the Order, or does not return the purchase price to the User;

7.2.3. A User, based on a properly concluded Purchase Contract, did not receive the Goods that are the subject of the Purchase Contract and the Retailer did not supply the Goods even within 30 days of the moment it was asked by the User to deliver the Goods, and did not return the purchase price to the User;

7.2.4. A User made claims under the warranty for the quality of the Goods in a legitimate and proper manner, and the Retailer did not comply with the legitimately made claim, in accordance with the defect that is the subject of the complaint, by correcting defects in the Goods, exchanging the Goods or returning the purchase price to the User.

7.3. The arising of a claim for the repayment of the purchase price by the Operator is conditional as follows, where all the conditions specified below must be met:

7.3.1. The User is in one of the situations in accordance with Article 7.2;

7.3.2. The User has filed a criminal complaint against the Retailer or has contacted the administrative body relevant for the handling of the misdemeanor or administrative offence and has delivered to the Operator a copy of the relevant criminal complaint or a copy of another filing, always with a stamp or similar marking proving the acceptance of the criminal complaint or other filing by the relevant body;

7.3.3. The User claimed repayment of the purchase price from the Operator through its user profile on Heureka (necessity of completing and sending the relevant form), and also proved compliance with one of the conditions in accordance with Article 7.2, in particular in such a manner that it delivered the related electronic or paper documentation to the Operator;

7.3.4. Before accepting repayment of the purchase price from the Operator, the User did not receive a similar repayment for another reason (another legal reason) or from another entity.

7.4. At Operator request, the User is obligated to provide it with or to supplement all information related to an Order and the making of the User’s claims. Further, the User is obligated to inform the Operator without undue delay of all new facts that could have an influence on the assessment of the User’s claim for performance under the Guarantee; this is without prejudice to Article 7.7.

7.5. In the event of compliance with the conditions in accordance with Article 7.2 and 7.3 of these Terms and Conditions, the Operator is obligated to repay the purchase price to the User, within 30 days of the moment the entitlement to such repayment arises for the User. If the User made a cashless payment of the purchase price, the amount of the repaid purchase price will be sent to the User’s bank account from which it was paid by the User to the Retailer.

7.6. The amount of the repayment of the purchase price by any online payment method as a part of PayU, including payments by payment cards, is not limited. The amount of the purchase price paid in another manner is limited by the maximum amount of CZK 10,000 under one Purchase Contract, but no more than CZK 20,000 per one User per calendar year.

7.7. In the event that the User, in the period between the legitimate making of a claim for repayment of the purchase price and the acceptance of the repayment of the purchase price, receives the returned purchase price from the Retailer or another entity, it is obligated to promptly notify the Operator of this fact and, if appropriate, promptly return the repayment received to the Operator, by paying it into the Operator’s bank account from which the repayment was made. The same applies in the event the User did not withdraw from the purchase contract and, after the making of the claim for the repayment of the purchase price from the Operator, it received the Goods from the Retailer in accordance with the Order.

7.8. Regardless of the above, a User is not entitled to the repayment of the purchase price under the Guarantee if the User did not make a claim for repayment of the purchase price within 30 days of the date insolvency proceedings were commenced against the relevant Retailer in accordance with Act No. 82/2006 Coll., on Insolvency and the Methods of Dealing with Insolvency (the Insolvency Act). This provision, however, does not apply to cases where the insolvency application against the relevant Retailer is rejected by an insolvency court or withdrawn by the insolvency applicant itself.

7.9. As a part of the Guarantee program, a User is entitled to return Goods to a Retailer in their original, undamaged packaging within three months of the day the Goods are purchased. For all Goods accepted in such a manner, the Retailer is entitled to the payment of 10% of the price of the return. The Retailer bills the relevant amount to the Operator based on an invoice that contains the order number and that is sent by post or by e-mail to the address: fakturace@heureka.cz.

8. Rights and Duties of User, Rules for Inputting Contributions

8.1. A User is entitled to inform the Operator of cases where the Goods were not delivered to him on time by a Retailer or the Goods delivered were in any conflict with the Purchase Contract, regardless of whether it is a Purchase Contract concluded in the Shopping Basket regime in accordance with Article 3.6 or a Purchase Contract concluded directly on the website of the Retailer’s E-shop in accordance with Article 3.5 of the Terms and Conditions.

8.2. A User is not entitled to use any means not provided by the Operator itself to influence the results of searches for Offers on the Portal or other Portal functions, or to offer such means or provide them to other persons. In particular, the User is not entitled to interfere with the Portal’s source code, install in it software influencing searches or interfering with other functions of the Portal and offer such software to other Users, Retailers or third parties. In the event of a breach of this prohibition, the Operator is entitled to cancel the relevant User’s user account, block the User’s IP address or cancel the registration of a Retailer that uses such means to influence the Portal’s functions.

8.3. Rules for Inputting User Reviews

8.3.1. A User is entitled, through the Heureka interface, to input user reviews and contributions in advice forums concerning Goods and ratings of individual Retailers (hereinafter jointly referred to as “Contributions”). User Contributions express the sole opinions of their authors and do not express the Operator’s opinions. The Operator is not responsible for the truthfulness of the information presented in Contributions or the compliance of such information with legal regulations. In particular, anonymous Contributions should be accepted by Users as a subjective opinion that, of themselves, does not have to provide complete and truthful information about the quality of Goods, E-shops or Retailers.

8.3.2. The Operator is entitled to remove or alter any Contribution without stating the reason, in particular any that are in conflict with legal regulations, accepted practices, are not related to the topic or are able in any way to damage the Operator, Retailers or other Users. The Operator is not obligated to inform the User of the removal of a Contribution or inform him/her of any reasons for the removal.

8.3.3. The inputting of Contributions is free of charge and the User is not entitled to any remuneration for it. By inputting a Contribution, the User gives the Operator his/her consent to use the Contributions as part of the shopping gallery in the form of disclosing them to third parties, reproducing them or altering them, whether they are copyrighted works in accordance with Act No. 121/2000 Coll., on Copyright, or not. The Operator is entitled to grant a right to use the Contributions to a third party (as exclusive or non-exclusive).

8.3.4. The User is obligated to refrain from inputting Contributions stating the personal data of other persons, data about medical conditions and other special categories of personal data and information giving other Users or the Operator the impression that the Operator or a person authorized thereby is stating the information in question.

8.3.5. The rules governing the Operator’s liability for the contents of Contributions and their removal are determined by the Rules on Liability for Content of Contributions and Reviews.

9. Final Provisions

9.1. Amendment to Terms and Conditions

9.1.1. The Operator is entitled to unilaterally amend these Terms and Conditions to a reasonable extent, in particular due to amendments to legal regulations, technological changes influencing, for example, communication between the Operator and Users or Retailers, the option and methods for concluding Purchase Contracts, as well as due to the expansion of or changes to services provided by the Operator. The new version of the Terms and Conditions, however, in no way applies to Orders that were sent while the previous (older) version of the Terms and Conditions was valid. Such Orders are governed by the previous text of the Terms and Conditions.

9.1.2. If the Operator amends the Terms and Conditions, it will notify the Users and Retailers of this at least 14 days before the effective date of the new version of the Terms and Conditions, in the form of an e-mail sent to their current e-mail addresses. A notification will also include the text of the Terms and Conditions in .pdf format or in another format enabling the displaying of the text form of the Terms and Conditions and their possible simple archiving. Users are entitled to reject amendments to the Terms and Conditions, in writing in a letter sent to the Operator’s address or in the form of an e-mail sent to the Operator’s contact address. If a User does not reject an amendment to the Terms and Conditions, he/she will be regarded as having accepted the new text (new version) of the Terms and Conditions when he sends the first Order or first logs in to his user account; this only applies if the new version of the Terms and Conditions is sent to the User on time.

9.1.3. If a User or Retailer notifies the Operator in a manner in accordance with Article 9.1.2 that it does not accept the amendments to the Terms and Conditions, the original text of the Terms and Conditions shall apply to all legal relationships arising until this time between the Operator and the User or Retailer. In such a case, the Operator will terminate the User’s registration on the Portal or terminate any contract on the use of the Portal concluded between the Operator and the Retailer through the Retailer’s registration in accordance with Article 2.2 of the Terms and Conditions.

9.2. Out-of-Court Dispute Resolution

9.2.1. If a dispute arises between a User that is a consumer under Section 419 of the Civil Code and the Operator, resulting from the use of the Portal, the User is entitled to file an application for an out-of-court resolution of the dispute with the Czech Trade Inspection Authority, through the contact details available on the website www.coi.cz, for the purpose of concluding an agreement with the Operator. The submission of an application and subsequent participation in an out-of-court resolution of a dispute is free of charge for the User, where all the costs arising in connection with the out-of-court resolution of a dispute will be borne by each party separately. Choosing an out-of-court dispute resolution is voluntary for Users.

9.2.2. The out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection. An application for the start of out-of-court proceedings must contain the requisites in accordance with Section 20n of the Act on Consumer Protection. An application for an out-of-court resolution of a dispute can be filed no later than one year after the date the User first made the claim that is the subject of the dispute to the Operator.

9.2.3. Users that have their residence in another EU member state, in Norway or in Iceland are authorized to file an application for an out-of-court resolution of a dispute with the Operator through the European Consumer Center in the country of their residence; a list of the relevant consumer centers is available on the European Commission website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc- net/index_en.htm.

9.2.4 The option of submitting an application for an out-of-court resolution of a dispute with the Operator applies solely to disputes concerning the Portal’s services provided by the Operator, i.e. not disputes between Users and Retailers resulting from Purchase Contracts concluded through the Portal; such a dispute can, in accordance with Article 5.5, be resolved out-of-court before the Czech Trade Inspection Authority if the User is in the position of a consumer in relation to the Retailer, but without the Operator’s participation.

9.2.5. Users have the option of notifying the Operator of any complaints about the activities of the Operator’s Portal using the contact data specified in Article 9.6.

9.3. The relationship between the Operator and a User is governed by these Terms and Conditions and the legal regulations of the Czech Republic, in particular Act No. 90/2012 Coll., the Civil Code.

9.4. If any of the provisions of these Terms and Conditions are invalid for any reason, this fact shall not cause the invalidity or ineffectiveness of the other parts of these Terms and Conditions.

9.5. For the purposes of any communication with the Operator, the User is obligated to use the contact details stated on the website http://info.heureka.cz/kontakt/.

9.6. These Terms and Conditions are provided to Users and Retailers in text form in accordance with Section 1819 of Act No. 89/2012 Coll., the Civil Code, and are available at the address https://www.heurekashopping.com/for-business-partners/terms-and-conditions. Users and Retailers are entitled to make copies for their own needs, in the form of copying text, downloading .pdfs from the Portal or acquiring printscreens.

9.7. These Terms and Conditions are valid and effective from 25 May 2018.